This paper reviews law and order legislation that was passed in the States and
Territories in the period from 1 January 2003 to 31 July 2006. It updates two
earlier briefing papers that covered law and order legislation from 1995 to
1998 and from 1999 to 2002. Like the earlier papers, this paper deals with
legislation containing significant reforms and it does not refer to statutes
containing minor changes. Overall, this paper refers to over 230 pieces of law
and order legislation that was passed across Australia in the period under
review. Federal legislation was not included in the survey except for
anti-terrorism laws. Ten very notable developments over the period under
review were as follows:
- Federal and State/Territory anti-terrorism laws.
- Various legislative measures to combat organised and multi-jurisdictional
crime including enactment of model laws developed by the Model Criminal Code
Officers Committee: eg, model laws on cross-border investigative powers.
- Significant reforms to domestic violence laws made or proposed in a number
of jurisdictions, including recent proposals in NSW.
- Reforms in relation child-sex offences and child pornography offences, as
well as new post-sentence sanctions on child-sex offenders.
- Measures to provide greater protection for victims in sexual assault
trials.
- Legislation in several jurisdictions that allows courts to refer defendants
and offenders to intervention programs as a condition of bail or as part of the
sentencing process: eg Drug Courts and the new Alcohol Court in the Northern
Territory.
- In relation to Aboriginal offenders – the establishment of a
Children’s Koori Court in Victoria and the West Australian Law Reform
Commission’s discussion paper containing proposals on Aboriginal
customary law.
- The abolition of prison sentences of 6 months or less in Western Australia.
- Greater recognition of the rights of victims in relation to sentencing and
parole decisions in several jurisdictions.
- Significant reforms to juvenile justice in a few jurisdictions, including
laws enacted in NSW to provide for the management of certain juvenile detainees
by the Department of Corrective Services; and new juvenile justice laws in the
Northern Territory, which include a statement of guiding principles based on
international standards and an expansion of the pre-court diversion scheme.